"caretaker's premises" means residential premises provided to a person employed
as a caretaker, janitor, manager or superintendent in respect of the residential
property in which the residential premises are situated;

"employment premises" means residential premises provided by an employer to an
employee to occupy during his or her employment;

"family corporation" means a corporation in which all the voting shares are owned
by

(a) one individual, or

(b) one individual plus one or any number of his or her father, mother, brother,
sister, child, spouse or his or her spouse's mother, father or child;

"fixed term tenancy agreement" means a tenancy agreement with a predetermined
expiry date;

"hotel" means a hotel, motel, inn, rooming house and apartment hotel and any
prescribed class of premises but does not include a facility

(a) owned or operated by a non-profit society incorporated under the Society
Act, a municipality, a regional district, a college designated under the
College and Institute Act or a university named in the University Act, or

(b) in which the landlord resides and which contains fewer than a total of 5
bedrooms or rooms used as bedrooms;

"hotel tenant" means an individual who is

(a) occupying a room or premises in a hotel where the hotel contains rooms or
premises that the individual usually occupies as his or her residence, and

(b) paying rent of less than a prescribed amount per day or, if no amount is
prescribed, less than $15 per day

in circumstances where that occupation is considered, at common law, to be a
licence to occupy land or premises, but does not include an individual who is
occupying a room or premises in a hotel that has a peak season during which the
daily rent for the room or premises has, in a peak season within the previous 12
months, exceeded the maximum amount of the daily rent that can be paid by a
hotel tenant under paragraph (b);

"landlord" includes a lessor, sublessor, owner or other person permitting the
occupation of residential premises, and his or her heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying the
premises, entitled to possession of the residential premises;

"manufactured home" means a dwelling unit designed to be mobile and to be used,
and that is being used, as a permanent or temporary residence;

"manufactured home pad" means land rented as space for and on which a tenant,
under a tenancy agreement, is entitled to bring a manufactured home;

"registrar" means the registrar of the Residential Tenancy Branch of the ministry
or any other official designated by the minister for purposes of the administration of Part 4;

"rent" includes consideration, whether in money, services or goods, paid, given or
agreed to be paid or given by a tenant to a landlord in respect of residential
premises, including consideration for a privilege, benefit, service, facility or
other thing provided, directly or indirectly, by a landlord to a tenant that relates
to the use, occupation or enjoyment of residential premises, but does not include
a security deposit or a utility charge paid directly by a tenant;

"residential premises" means a dwelling unit used for residential purposes, and
includes, without limitation,

(a) a manufactured home,

(b) a manufactured home pad,

(c) a room or premises in a hotel occupied by a hotel tenant,

(d) caretaker's premises, and

(e) employment premises,

but does not include premises, under a single lease, occupied for business
purposes with a dwelling unit attached;

"residential property" means a building in which, and includes land on which,
residential premises are situated;

"security deposit" means money or property advanced or deposited, or a right
given, by or on behalf of a tenant or prospective tenant, to be held or enforced
by or on behalf of a landlord

(a) to secure the performance by a tenant or prospective tenant of an obligation
under this Act or a tenancy agreement or in respect of residential premises,

(b) to secure payment by a tenant or prospective tenant of a liability or probable
liability to a landlord, or

(c) to be returned to a tenant or prospective tenant, or in respect of which a
tenant or prospective tenant is to be released, on the happening of an event,

including, without limitation,

(d) a negotiable instrument made negotiable more than 30 days after the date it
is given,

(e) a prepayment of rent for other than the first month of a tenancy agreement,

(f) a deposit in respect of damage or rent for which a tenant is, or may be made
to be, responsible,

(g) an agreement entitling a right to be enforced if a tenant ends a tenancy
agreement or goes out of possession of residential premises other than in
accordance with this Act or a tenancy agreement,

(h) a fee or deposit that is not refundable, or

(i) a requirement to pay a rental payment that is substantially greater than other
rental payments required under a tenancy agreement;

"service or facility" includes, with respect to residential premises, any of the
following that are supplied, or agreed to be supplied, by the landlord:

(a) furniture, appliances and furnishings;

(b) parking and related facilities;

(c) cablevision facilities;

(d) utilities and related services;

(e) cleaning or maintenance services;

(f) maid services;

(g) laundry facilities;

(h) storage facilities;

(i) elevator facilities;

(j) common recreational facilities;

(k) intercom systems;

(l) garbage facilities and related services;

(m) heating facilities or services;

"tenancy agreement" means an agreement, whether written or oral, express or
implied, having a predetermined expiry date or not, between a landlord and
tenant respecting possession of residential premises and occupation of a room or
premises in a hotel;

2 (1) Despite section 19 of the Infants Act, a tenancy agreement entered into by a
person under the age of 19 years is enforceable by and against the person to the
same extent as if that person had been an adult on the date of entry into the
tenancy agreement.

(2) Subsection (1) has retroactive effect to the extent necessary for it to apply to all
tenancy agreements in effect on February 10, 1995.

3 (1) Despite any other enactment or an agreement to the contrary, this Act applies to
tenancy agreements, residential premises and residential property.

(2) Despite subsection (1), this Act does not apply to

(a) an occupation of land or premises that, at common law, would be
considered a licence to occupy land unless it is an occupation of a room or
premises in a hotel by a hotel tenant,

(b) residential premises in respect of which a non-profit cooperative or society,
as defined in the regulations, is the landlord and a member of the
cooperative or society is the tenant,

(c) a tenancy agreement for a term exceeding 3 years if the landlord is the
government or an agent of the government,

(d) a tenancy agreement for a term exceeding 20 years except as provided in
subsection (3) or section 38 (6), or

(e) summer cottages, winter chalets or other similar recreational premises
rented on a seasonal basis.

(3) A landlord, other than an individual who is the holder of a lease under a tenancy
agreement for a term exceeding 20 years and is the occupier of the rental unit,
must not enter into a tenancy agreement for a term exceeding 20 years, or assign
a tenancy agreement with 20 or more years of its term yet to run, except with the
prior approval, by bylaw, of the municipality in which the premises are located.

(4) For the purposes of subsection (3), "municipality" includes

(a) the City of Vancouver, and

(b) in respect of an electoral area that is not itself a municipality, the regional
district within which the electoral area is located.

(5) If a person enters into 2 or more tenancy agreements within 12 months giving the
person, or the person's heirs or assigns, the right to occupy or reoccupy all or part
of the same residential premises for a total in aggregate of more than 20 years
with or without interruption, the term of each of those tenancy agreements is
deemed to exceed 20 years for the purposes of subsection (3).

(6) A tenancy agreement for which prior approval is required under subsection (3) is
void if it is entered into on or after June 13, 1994 and the prior approval is not
obtained.

(7) If a tenancy agreement is void under subsection (6),

(a) the sum of all payments made by or on behalf of the tenant under the
tenancy agreement is a debt owed by the landlord to the tenant, and

(b) the tenant may occupy the residential premises until the later of

(i) the date 6 months from the day the tenancy agreement was entered
into, and

(ii) one month after the sum owing under paragraph (a) is paid in full.

4 (1) Sections 7 to 10 and 14 to 23 are deemed to be terms of every tenancy agreement.

(2) The Lieutenant Governor in Council may prescribe terms that are to be included
or are not to be included in every tenancy agreement or application for a tenancy
agreement and may prescribe different terms for different classes of tenancy
agreements.

(3) Terms prescribed under subsection (2) that are to be included in a tenancy
agreement are deemed to be terms of every tenancy agreement.

(4) A regulation made under section 9 or 23 is deemed to be a term of every tenancy
agreement.

(5) A term in a tenancy agreement that is in conflict with this Act or the regulations
is void whether the agreement has been entered into before or after July 1, 1984.

5 (1) Without limiting section 4, the Lieutenant Governor in Council may make
regulations respecting a standard form tenancy agreement and requiring its use.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may
prescribe

(a) different standard form tenancy agreements for use

(i) by different classes of persons, or

(ii) in different circumstances,

(b) that the terms of the standard form tenancy agreement are deemed to be
included in tenancy agreements or classes of tenancy agreements that

(i) are in existence on July 1, 1996, or

(ii) are entered into after July 1, 1996,

(c) that if the terms of a standard form tenancy agreement are deemed to be
included in a tenancy agreement or class of tenancy agreement, a provision
of the tenancy agreement or class of tenancy agreement that is in conflict
with the standard form tenancy agreement is void, or

(d) that if a person, or class of persons, is required to use a standard form
tenancy agreement and instead uses another tenancy agreement, that other
agreement is void and the standard form tenancy agreement is deemed to be
the agreement that was entered into.

(b) a service or facility used in connection with the residential premises.

(2) A term is, in the absence of evidence to the contrary, reasonable if it is

(a) intended to

(i) promote fair distribution of a service or facility to every occupant in
the residential property,

(ii) promote the convenience, safety and welfare of every person
working or residing in the residential property, or

(iii) protect the landlord's property from abuse,

(b) reasonably related to the purpose for which it is intended, and

(c) sufficiently explicit to inform the tenant of what he or she must do or must
not do in order to comply with it.

(3) A term that is not reasonable is not enforceable.

(4) A term in a manufactured home pad tenancy agreement that a manufactured
home must be purchased from a specific vendor is not reasonable, for the
purposes of this section, unless the term is disclosed to the prospective tenant
before the tenancy agreement is entered into.

7 Despite any other enactment, if a tenant fails to comply with a term of a tenancy
agreement, the tenancy agreement must not provide that all or part of the rent
remaining for the term of the agreement becomes due and payable.

8 If a service or facility is reasonably related to a tenant's continued use and enjoyment
of the residential premises, but is not expressly provided for in the tenancy agreement,
the landlord must not discontinue providing the service or facility to the tenant.

(b) the landlord and tenant do not enter into a new tenancy agreement before
the agreement expires, and

(c) the tenant continues to occupy the residential premises,

the landlord and the tenant are deemed to have renewed the agreement as a month
to month tenancy agreement on the same terms as are provided for in the expired
agreement.

(2) Despite subsection (1), if

(a) a tenant rents residential premises under a fixed term tenancy agreement in
an off season at a lower rate of rent than that usually paid in season for those
premises by a person under a licence to occupy them, and

(b) the landlord advises the tenant in writing of this subsection at the time of
entering into the fixed term tenancy agreement,

the tenancy agreement is ended on the predetermined expiry date specified in the
agreement.

(3) A landlord and tenant may agree, in writing, at the time they enter into a fixed
term tenancy agreement that, despite subsection (1), the tenancy agreement is
ended on the predetermined expiry date.

(4) An agreement made under subsection (3) that is not in writing is not enforceable.

(5) Subsections (2) and (3) apply to a fixed term tenancy agreement respecting a
manufactured home pad only in circumstances where the tenant is renting a
manufactured home and the manufactured home pad under a single tenancy
agreement.

(6) The Lieutenant Governor in Council may make regulations requiring that the
term of a fixed term tenancy agreement under subsection (3) exceed a specified
period of time and may

10 (1) A landlord must provide and maintain residential premises and residential
property in a state of decoration and repair that

(a) complies with health, safety and housing standards required by law, and

(b) having regard to the age, character and location of the residential property,
would make it reasonably suitable for occupation by a reasonable tenant
who would be willing to rent it.

(2) A landlord's duty under subsection (1) (a) applies even though a tenant knew of
a breach by the landlord of that subsection at the time the landlord and tenant
entered into the tenancy agreement.

(3) Subsection (1) does not apply to that part of residential premises owned by a
tenant.

(4) A tenant must

(a) maintain ordinary health, cleanliness and sanitary standards throughout
residential premises and residential property in respect of which he or she
has entered into a tenancy agreement, and

(b) take necessary steps to repair damage caused to residential premises and
residential property, in respect of which he or she has entered into a tenancy
agreement, by the tenant's wilful or negligent act or omission, or that of a
person permitted on the residential premises or residential property by the
tenant.

(5) A tenant is

(a) not liable for reasonable wear and tear to the residential premises, and

(b) liable for the cleaning of the residential premises and residential property if
he or she has contravened subsection (4).

11 (1) A tenant may apply to a court for an order requiring a landlord to comply with
this Act or the tenancy agreement if a landlord

(a) contravenes section 10 (1), or

(b) has failed, or may fail, to provide a service or facility that the landlord is
obliged to provide under a tenancy agreement or under section 8.

(2) On an application under subsection (1), the court may order

(a) the landlord to comply with this Act or the tenancy agreement,

(b) a tenant to pay rent due to the landlord into court,

(c) that the rent paid into court be paid to the landlord to be applied to the costs
and expenses of complying with this Act or the tenancy agreement as
specified in the order, or

(d) that

(i) the rent paid into court, or

(ii) any future rent payable by the tenant or any other tenant affected by
the landlord's act or omission,

be paid to a named person who must hold the money paid to him or her in
trust to be applied, as specified in the order, to the costs and expenses of
complying with this Act or the tenancy agreement.

(3) If an application is made to an arbitrator under subsection (1), subsection (2) does
not apply and the arbitrator may order

(a) the landlord to comply with this Act or the tenancy agreement,

(b) the tenant affected by the landlord's act or omission to pay rent to a named
person who must hold the money paid to him or her in trust, or

(c) that the rent paid to a named person under paragraph (b)

(i) be applied as specified in the order to the costs and expenses of
complying with this Act or the tenancy agreement, or

(ii) be paid to the landlord to be applied as specified in the order to the
costs and expenses of complying with this Act or the tenancy
agreement.

(4) An order made under this section may contain terms respecting costs, expenses,
remuneration and any other necessary matters.

(5) This section does not affect the right of a tenant to bring a proceeding against a
landlord for breach of contract.

(6) In addition to other remedies a tenant may have under this Act, an order under
this section may authorize a tenant to deduct up to one month's rent and to spend
that amount on any repair, service or facility ordered under this section if, within
the time specified in the order, the landlord fails to comply with an order made
under subsection (2) (a) or (3) (a).

12 (1) In proceedings for an order under section 11 (2) (a) or (3) (a), or if the landlord
fails to comply with an order made under section 11 (2) (a) or (3) (a), the court
may order that rent payable by the tenant is reduced by the amount the court
considers commensurate with the reduced value of the tenancy to the tenant as a
result of the landlord's failure to comply with

(a) this Act or the tenancy agreement, or

(b) the order made under section 11 (2) (a) or (3) (a).

(2) A reduction in rent under subsection (1) does not apply to rent that becomes
payable after the landlord complies with the order made under section 11 (2) (a)
or (3) (a).

13 (1) In this section, "emergency repairs" means repairs, that are urgent and
necessary for the health and safety of persons or the preservation and use of the
residential property or residential premises, to

(a) major leaks in the pipes or roof,

(b) damaged or blocked water or sewer pipes or plumbing fixtures,

(c) the central or primary heating system,

(d) defective locks that give access to the residential premises, or

(e) in prescribed circumstances, the residential premises or residential
property.

(2) A landlord must post and maintain in a conspicuous place on the residential
property the name of the person who will respond for the landlord in an
emergency and the telephone number at which that person can be reached if
emergency repairs are necessary.

(3) If emergency repairs are not made within a reasonable time after a tenant has
made a reasonable effort on 2 or more occasions to contact the person at the
telephone number referred to in subsection (2), the tenant may have repairs made,
but the landlord may take over completion of those repairs at any stage.

(4) A landlord must reimburse a tenant for the tenant's expenses under subsection (3)
except expenses that the court, on application, finds to be

(a) not for emergency repairs,

(b) for emergency repairs for which the tenant failed to comply with
subsection (3) or (5),

(c) beyond a reasonable cost for the emergency repairs, or

(d) for emergency repairs the need for which arises primarily from the actions
or neglect of the tenant or a guest of the tenant.

(5) A tenant must provide a landlord with a written account, with receipts for each
expense incurred, for emergency repairs made under subsection (3).

(6) If a tenant complies with subsections (3) and (5), the tenant may, in addition to
other remedies the tenant may have under this Act, withhold from rent that
becomes due an amount equal to the reasonable expenses incurred by the tenant
under subsection (3), less reimbursement received under subsection (4).

14 (1) Subject to subsection (2), a landlord or tenant must not, except by agreement or
under an order of a court, alter a means of entrance or access to residential
premises or residential property so as to interfere unreasonably with the other's
use of the entrance or access.

(2) If there is a reasonable threat to security, a landlord in an emergency may alter
the locking system on a door that provides access to residential property, but a
landlord must not, except by agreement, alter the locking system on a door that
provides direct access to residential premises.

(3) A landlord must not impose restrictions respecting access to residential property
by

(a) candidates, or their authorized representatives, who are seeking election to
a federal, Provincial, regional, municipal or school board office and who are
canvassing electors or distributing election material, or

(b) a tenant of residential premises located on the residential property or
persons invited by a tenant of the residential premises.

(4) Despite subsection (3), a landlord may impose restrictions respecting access to,
and restrictions and extra charges respecting overnight accommodation of, the
residential premises of a hotel tenant by persons invited by the hotel tenant, but
only to the extent that the restrictions and extra charges are reasonable.

15 (1) If the court, on application, is satisfied that a landlord may contravene section 16,
the court may

(a) authorize the tenant to change the locks and other means that give access to
the residential premises, and

(b) order that, while the tenancy continues, the landlord must not change those
locks or obtain the keys or other means that give access to the residential
premises.

(2) For each change made under subsection (1) (a), the tenant must give to the
landlord at the end of the tenancy the keys and other means that give access to the
residential premises.

(3) If at the end of the tenancy the tenant does not give the landlord the keys and other
means that give access, the reasonable cost to the landlord to replace the locks
and other means that give access may be deducted from the security deposit

16 (1) A landlord must not enter residential premises in respect of which a tenant has a
right of possession under a tenancy agreement unless

(a) an emergency exists,

(b) the tenant consents at the time of entry,

(c) the tenant gives consent, not more than one month before the time of entry,
to enter for a specific purpose,

(d) in the case of residential premises occupied by a hotel tenant, the entry is
for the purpose of providing maid service at reasonable times,

(e) a tenant abandons the residential premises,

(f) the landlord has given written notice of entry for a reasonable purpose not
more than 72 hours and not less than 24 hours before the time of entry, or

(g) a court orders that the landlord or the landlord's agent may enter the
residential premises at a specified time for a specified purpose and entry is
made in accordance with the terms of the order.

(2) The landlord must specify in a notice of entry under subsection (1) (f) the hours
of the day during which the landlord intends to enter the residential premises,
and those hours must, unless the tenant otherwise consents, be between 8 a.m.
and 9 p.m.

(b) an application to arbitrate any matter under section 30 (1), (2), (4) or (5),
and

(c) a dispute over the amount of a rent increase between a tenant of a manufactured home pad and the landlord if

(i) the manufactured home pad is rented in circumstances other than
where the tenant is renting a manufactured home and the pad under a
single tenancy agreement, and

(ii) the rent increase notice under section 24 is given on or after
October 1, 1992.

(2) In an arbitration of a dispute under subsection (1) (c), the arbitrator

(a) must apply any guidelines for rent increases that have been published by the
minister under section 68 (2),

(b) may order that the rent increase be a specified amount, and

(c) may order that the rent increase ordered under paragraph (b) is effective on
or after the effective date of the rent increase specified in the notice of rent
increase given by the landlord under section 24.

(3) An order under subsection (2) (c) may be made retroactive to the effective date
of the rent increase specified in the notice of rent increase given by the landlord,
and if the order is made retroactive, it is deemed to have come into force on the
date to which it is made retroactive.

(4) If the amount of a rent increase is the subject of an order under subsection (2)
or (3) and the rent has been collected other than in accordance with the order, the
amount of the rent increase that is contrary to the order and that has been paid by
the tenant

(a) may be set off against all or part of the rent due from the tenant, or

(b) is recoverable by the tenant.

(5) A landlord or tenant may not apply for arbitration of a dispute under
subsection (1) (c) until the dispute has been mediated under Part 5.

(6) Subsection (1) does not apply if

(a) an agreement has been entered into under subsection (7),

(b) a court, on application, orders otherwise, or

(c) in the case of a monetary claim, the amount claimed is more than the
monetary limit specified under the Small Claims Act, excluding interest and
costs.

(7) A landlord and tenant may agree in writing at any time that subsection (1) (a)
does not apply.

(8) Subject to an order under subsection (6) (b), an agreement under subsection (7)
is not enforceable unless

(a) it is in writing, and

(b) a copy of it is delivered to the other party as soon as practicable, and in any
event not later than 21 days after it was entered into.

(9) Section 48 (2) applies to an agreement under subsection (7).

(10) An agreement made under subsection (7) is conclusively deemed to apply with
respect to all applications referred to in subsection (1).

19 (1) If a written tenancy agreement is entered into, the landlord must give a copy of
the agreement to the tenant as soon as practicable, and in any event not later
than 21 days after it was entered into.

(2) If a landlord does not comply with subsection (1), the tenant's obligation to pay
rent is suspended until a copy of the agreement is delivered to the tenant, and as
soon as the copy of the agreement is delivered to the tenant, any rent that was not
paid to the landlord in reliance on this subsection becomes immediately due and
payable.

22 (1) A landlord who receives a security deposit must pay interest on it calculated in
accordance with section 23.

(2) The landlord must return the security deposit and interest to the tenant on or
before the 15th day after the end of the tenancy agreement, except for an amount
that

(a) the tenant agrees in writing to allow the landlord to keep as payment for
unpaid rent or damages, or

(b) an arbitrator has ordered the tenant to pay to the landlord.

(3) Subsection (2) does not apply if the landlord applies for an order under subsection
(4) on or before the 15th day after the end of the tenancy agreement.

(4) On application by a landlord, the court, or an arbitrator under section 18, may
make an order that a landlord retain or return some or all of a security deposit plus
interest.

(5) An agreement under subsection (2) (a) is unenforceable if a landlord requires a
person to make it

(a) as a condition of entering into a tenancy agreement, or

(b) as a term of a tenancy agreement.

(6) If a landlord fails to comply with subsection (2) and does not apply for an order
under subsection (4), the tenant may apply to the registrar, without notice to the
landlord, for an order that the landlord pay to the tenant the security deposit plus
interest and any fee that has been paid under subsection (7).

(7) An application under subsection (6) must

(a) be in a form satisfactory to the registrar, and

(b) be accompanied by the prescribed fee, if any.

(8) On an application by a tenant under subsection (6), the registrar or a person
authorized by the registrar may, without hearing the landlord, order the landlord
to pay the security deposit plus interest to the tenant.

(9) An order under subsection (8) does not take effect unless the tenant serves a copy
of it on the landlord in accordance with section 86.

(10) A landlord must not apply for the order referred to in subsection (4) after the 15th
day following the end of the tenancy agreement.

(11) A tenant must not begin an action or claim for the return of a security deposit
after 2 years following the end of the tenancy agreement.

(12) If, after the end of the tenancy agreement, the landlord is unable to locate the
tenant, any money owing to the tenant under this section is deemed to be held in
trust by the landlord for the tenant for 2 years following the end of the tenancy
agreement.

(13) If the money owing to the tenant is not claimed by the tenant within 2 years
following the end of the tenancy agreement, the money is forfeited to the
landlord.

24 (1) Subject to subsections (3) and (4), despite a change of landlord, a landlord must
not collect an increase in rent from a tenant until 12 months have expired
following

(a) the date the last lawful increase in rent for that tenant became effective, or

(b) if there has been no previous increase in rent for that tenant, the date the
existing rent was established for that tenant.

(2) If an order to phase in an increase is made under section 27 (3) (c), the date
referred to in subsection (1) (a) is the date the first phase of the increase takes
effect.

(3) A landlord must give the tenant written notice of a rent increase in the prescribed
form at least 3 months before the date the rent increase is to be effective.

(4) Despite subsection (3), if a landlord gives a notice of rent increase respecting a
manufactured home pad in circumstances other than where the tenant is renting
a manufactured home and the manufactured home pad under a single tenancy
agreement, the landlord must give not less than 6 months' notice before the date
the rent increase is to be effective.

(5) If a landlord gives a notice of rent increase to a tenant that does not comply with
the time requirements of subsection (1), (3) or (4), the notice is deemed to take
effect on the earliest date that would comply with subsection (1), (3) or (4).

(6) This section and sections 25 to 27 do not apply to residential premises operated
by

(a) the British Columbia Housing Management Commission, or

(b) a person designated in the regulations,

if the rent of the premises is related to the tenant's income.

(7) If the court or an arbitrator orders that no rent increase is justified, the landlord
must not give notice to the tenant under subsection (3) for 12 months from the
date of the notice under subsection (3) on which the order is based.

(a) at least 7 days before the date of the arbitration hearing, give the tenant who
makes the application described in subsection (1) (a) of this section a
statement in the prescribed form to justify a rent increase, and

(b) on the date of the arbitration hearing, give a copy of the statement to the
arbitrator.

(3) If the landlord does not comply with subsection (2), the increase does not take
effect and the landlord may not give a further notice of increase to the tenant
within 12 months from the date of the notice to which subsection (1) (a) refers.

26 A landlord in preparing a statement in the prescribed form referred to in section 25 (2)
must calculate, using the prescribed formula for each, the income, change in operating
expenses, net income and portion of capital expenditure related to the residential
property that is attributable to the residential premises for the 12 consecutive months
ending on the last day of the month that immediately preceded the month in which
notice under section 24 (3) was given and adjust and combine those calculations in
the prescribed manner to ascertain the justifiable rent increase for the residential
premises.

27 (1) Subject to subsections (3) and (6), an arbitrator must adjudicate a disputed rent
increase by determining if each item for calculation under section 26 that the
landlord included in the statement in the prescribed form under section 25 (2) is

(a) accurately described,

(b) properly attributable to the residential premises for the 12 consecutive
months ending on the last day of the month that immediately preceded the
month in which notice under section 24 (3) was given, and

(c) accurately calculated using the prescribed formula.

(2) After having determined under subsection (1) (a) to (c) what the amount for each
item should be, the arbitrator must adjust and combine those amounts in the
prescribed manner to ascertain and award the justifiable rent increase, if any, for
the residential premises.

(3) An arbitrator adjudicating a disputed rent increase may, in addition to the other
remedies available under this Act,

(a) extend the period within which application may be made under section
25 (1) (a),

(b) extend the period within which a statement justifying the rent increase may
be given under section 25 (2) (a) or may be amended,

(c) if all or part of the rent increase is granted, order that the increase granted
be phased in over time,

(d) make the coming into force of a rent increase conditional on compliance by
the landlord with a previous or concurrent order of an arbitrator under this
Act, and

(e) refuse or postpone a rent increase if the statement under section 25 (2)
justifying the rent increase was false or misleading.

(4) If a tenant has paid a rent increase based on a statement under section 25 (2) that
was false or misleading, an arbitrator on application may set aside the increase
and order the landlord to reimburse the tenant for the amount of the increase that
was paid.

(5) If an order is made under subsection (3) (e) or (4), the landlord may not give a
further notice under section 24 (3) to the tenant until 12 months after the date of
the notice under section 24 (3) for which the order under subsection (3) (e) or (4)
of this section was made.

(6) Subject to subsection (4), an arbitrator must not award a rent increase that is less
than $0 or more than the total amount specified in the notice of rent increase
given under section 24 (3).

29 (1) The court may make an order under subsection (2) if the court, on application,
determines that a landlord in respect of residential premises has

(a) made a charge for a service or facility used or enjoyed by a tenant at a lesser
charge or no charge before the date the charge became effective, or

(b) failed to provide a service or facility, or reduced a service or facility
required to be provided, under a tenancy agreement and the court considers
that the failure or reduction has resulted in a substantial reduction of the use
and enjoyment of residential premises or of the service or facility.

(2) In the circumstances referred to in subsection (1), the court may order that,
effective on a specified date, one or both of the following is a rent increase to
which section 28 (2) applies:

(a) the charge for a service or facility;

(b) the value of the service or facility or its reduction in value.

(3) If the application of subsections (1) and (2) affects more than one residential
premises in a residential property, the court may limit the application of an order
made under subsection (2) to one or more of those residential premises.

(b) the tenant vacates the premises as a result of the rent increase, and

(c) the landlord

(i) gave the rent increase with the expectation or intention that the tenant
would vacate the premises, or

(ii) does not, within 2 months of the date the tenant vacates the premises,
in good faith enter into a tenancy agreement with a new tenant for
those premises at a rent greater than 90% of the increased rent
demanded by the landlord of the former tenant.

(2) In the circumstances referred to in subsection (1), the court may, on application
of the former tenant, order that the landlord

(a) pay the tenant's actual and reasonable moving expenses to his or her new
accommodation, and

(b) compensate the tenant for additional expenses incurred or that may be
incurred by the tenant including, for a period up to 12 months, any increased
rent or portion of it that the tenant was obliged or may be obliged to pay.

(3) On the written request of a former tenant referred to in subsection (1) (b), the
landlord must disclose in writing to that tenant

(a) whether or not the residential premises formerly occupied by the tenant
have been re-rented within 2 months after the date the tenant vacated them,
and

(b) the amount of the rent, if any, being paid for those residential premises by
a new tenant.

(4) The court must not make an order on an application under subsection (2) in the
circumstances described in subsection (1) (c) (ii) if the landlord establishes that

(a) the landlord did not give the rent increase with the expectation or intention
that the tenant would vacate the premises, or

(b) the landlord's failure to re-rent the premises was a result of a significant
change in the rental accommodation market.

(5) The court may, on application, order that the rent increase be set aside if

(a) a landlord increases the rent for a manufactured home pad in circumstances
other than where the tenant is renting a manufactured home and the
manufactured home pad under a single tenancy agreement, and

(b) the landlord gave the rent increase with the expectation or intention that the
tenant would vacate the manufactured home pad.

(6) An application under this section must be brought no later than 3 months after, in
the case of

(a) subsection (1), the date the tenant vacated the premises, or

(b) subsection (5), the date the notice of rent increase was given to the tenant.

31 (1) In this Part, "rental payment period" means the interval at which rent is payable
under a tenancy agreement.

(2) For the purposes of this Part, if a rental payment period exceeds one month, a
notice of the end of the tenancy agreement is sufficiently given if it is given on
or before the last day of a calendar month to take effect on the last day of an
ensuing calendar month.

(3) For the purposes of this Part, a rental payment period can begin on any day, but
the rental payment period is deemed to begin on the first day of the calendar
month following the day the tenant first became entitled to possession of the
residential premises, unless

(a) if a notice of the end of the tenancy agreement is given in accordance with
this Act,

(b) if the tenant has vacated or abandoned the residential premises,

(c) on the effective date of an order for possession of the residential premises
in favour of the landlord,

(d) on the date specified by a court under section 37,

(e) if the tenant has elected under section 83 (3) to treat the agreement as ended,

(f) if it is a fixed term tenancy agreement described in section 9 (2) or (3) and
its term has expired, or

(g) if, after the tenancy agreement is entered into, the landlord and tenant agree
in writing that it is ended.

(2) Subsection (3) applies to a landlord if

(a) an agreement under subsection (1) (g) is made respecting a manufactured
home pad in circumstances other than where the tenant is renting a
manufactured home and the manufactured home pad under a single tenancy
agreement, and

(b) the landlord does not advise the tenant of the tenant's rights under
section 38 (11) or 40 (3) before entering into the agreement.

(3) In the circumstances referred to in subsection (2), on the end of a tenancy
agreement under subsection (1) (g), the landlord must pay to the tenant the
amount of the tenant's actual and reasonable moving expenses, up to a maximum
prescribed amount, without delay, after

33 A tenant may give a notice of the end of a tenancy agreement, other than a fixed term
tenancy agreement, on or before the last day of a rental payment period to be effective
on the last day of an ensuing rental payment period, but the period of notice must be
at least one month.

34 (1) A landlord may give a notice under subsection (2) of the end of the tenancy
agreement in respect of caretaker's premises if

(a) a tenant's employment as a caretaker, janitor, manager or superintendent is
terminated, and

(b) the landlord intends in good faith to give occupancy of the caretaker's
premises occupied by that tenant to a new caretaker, janitor, manager or
superintendent.

(2) In the circumstances referred to in subsection (1), the landlord may give a notice
of the end of the tenancy agreement in respect of those premises, on or before the
last day of a rental payment period to be effective on the last day of an ensuing
rental payment period, but the period of notice must be at least one month.

(3) If the employment of a tenant occupying employment premises is terminated, the
landlord may give a notice of the end of the tenancy agreement in respect of those
premises, on or before the last day of a rental payment period to be effective on
the last day of an ensuing rental payment period, but the period of notice must be
at least one month.

35 (1) If a tenant fails to pay rent in accordance with a tenancy agreement, the landlord
may, on any day following the day the rent was due, give the tenant a notice of
the end of the tenancy agreement to be effective not earlier than 10 days after the
date the notice is given.

(2) A tenant may, within 5 days after receiving the notice given under subsection (1),
pay the landlord all the rent due, and in that case the notice of the end of the
tenancy agreement is void.

(3) On application made before or after the 5 days referred to in subsection (2) have
expired, a court may extend the time for a tenant to pay all the rent due under a
tenancy agreement.

(4) Subsection (1) does not apply to rent withheld under section 13 (6).

36 (1) A landlord may, at any time, give the tenant a notice of the end of the tenancy
agreement in accordance with subsection (2) if any one of the following events
has occurred:

(a) the conduct of the tenant, or of a person permitted in or on the residential
property or residential premises by the tenant, has resulted in the enjoyment
of other occupants in the residential property being unreasonably disturbed;

(b) the tenant, or a person permitted in or on the residential property or
residential premises by the tenant, has caused extraordinary damages to the
residential premises or the residential property;

(c) occupancy by the tenant has resulted in the residential property or
residential premises being damaged to an extent that exceeds reasonable
wear and tear, and the tenant has failed within a reasonable time after the
damage occurred to take the necessary steps to repair the damage;

(d) the tenant has failed to give, within 30 days after the date he or she entered
into a tenancy agreement, the security deposit required under the tenancy
agreement;

(e) the tenant has knowingly misrepresented the residential property or
residential premises to a prospective tenant or purchaser of the residential
property or residential premises;

(f) the safety or other lawful right or interest of the landlord or other occupant
in the residential property has been seriously impaired by an act or omission
of the tenant or of a person permitted in or on the residential property or
residential premises by the tenant;

(g) the number of persons permanently occupying the residential premises is
unreasonable;

(h) the tenant has breached a reasonable material term of the tenancy agreement
and has failed to rectify the breach within a reasonable time after receiving
written notice to do so from the landlord;

(i) the tenancy agreement has been frustrated;

(j) the residential premises must be vacated to comply with an order by a
Provincial, regional or municipal government authority respecting zoning,
health, safety, building or fire prevention standards;

(k) the tenant has purported to assign or sublet the residential premises without
the consent of the landlord.

(2) A notice of the end of the tenancy agreement given under subsection (1) must be
at least one month and is effective on the last day of an ensuing rental payment
period.

(3) Despite subsection (2), if subsection (1) (g) applies because of the placement of
a child for adoption or the birth of a child, the notice of the end of the tenancy
agreement must be not less than 24 months and is effective on the last day of an
ensuing rental payment period.

(i) at the time of giving the notice of the end of the tenancy agreement,
has a reversionary interest in the residential premises exceeding 3
years, and

(ii) holds not less than 1/2 of the full reversionary interest, or

(b) that is a family corporation that

(i) at the time of the giving of the notice of the end of the tenancy
agreement, has a reversionary interest in the residential premises
exceeding 3 years, and

(ii) holds not less than 1/2 of the full reversionary interest;

"purchaser" means

(a) an individual who, or

(b) a family corporation that

has agreed to purchase at least 1/2 of the full reversionary interest in residential
premises.

(2) The landlord may give a notice of the end of the tenancy agreement to the tenant
under subsection (7) if

(a) the landlord enters into an agreement in good faith with a purchaser for the
sale of residential premises occupied under a tenancy agreement and any
conditions precedent in the sale agreement have been satisfied,

(b) the purchaser, or in the case of a purchaser that is a family corporation, a
person owning voting shares in the family corporation, intends in good faith
that he or she or his or her spouse or a child or parent of his or hers or of his
or her spouse will occupy the residential premises, and

(c) the purchaser requests in writing that the landlord give the tenant of the
premises a notice of the end of the tenancy agreement.

(3) If

(a) a landlord, or

(b) in the case of a landlord that is a family corporation, a person owning voting
shares in the family corporation,

intends in good faith that he or she or his or her spouse or a child or parent of his
or hers or of his or her spouse will occupy residential premises occupied under
a tenancy agreement, the landlord may give a notice of the end of the tenancy
agreement to the tenant under subsection (7).

(4) If a landlord intends in good faith to occupy or use residential premises for the
purpose of

(a) demolition,

(b) converting it into a strata lot under the Condominium Act,

(c) converting it into residential premises described in section 3 (2) (b),

(d) entering into a tenancy agreement for a term exceeding 20 years,

(e) converting it, for not less than 6 months, into a use other than residential
premises occupied under a tenancy agreement,

(f) converting it into caretaker's premises for not less than 6 months, or

(g) renovation, if vacant possession of the residential premises is necessary to
conduct and perform the renovation,

and the landlord has obtained whatever permits and approvals are required by
law to demolish, convert or renovate the residential premises, the landlord may
give a notice of the end of the tenancy agreement to the tenant, with the
applicable notice period under subsection (7), (8) or (10).

(5) Before applying to convert or before converting residential premises into a strata
lot under the Condominium Act or into residential premises described in
section 3 (2) (b), a landlord must give notice of the application or intention to
each tenant who occupies the premises on the date of application or the forming
of the intention and to each prospective tenant who will first occupy the premises
after the conversion.

(6) A landlord must not enter into a tenancy agreement for a term exceeding 20 years
before the landlord gives notice of intention to enter into the tenancy agreement
to each tenant or prospective tenant who occupies the rental unit under an existing
tenancy agreement, if any, and to each tenant or prospective tenant who will first
occupy the rental unit under the proposed tenancy agreement.

(7) A notice of the end of the tenancy agreement under this section must be at
least 2 months to be effective on the later of

(a) the last day of an ensuing rental payment period, or

(b) if the tenancy agreement has a predetermined expiry date, the predetermined date.

(8) If a landlord in good faith intends to demolish residential premises and the municipality within which the premises are located has, by bylaw, established a notice
period of at least 2 and not more than 6 months, that period is, despite subsection
(7), the minimum notice period for the purposes of the notice.

(9) For the purposes of subsection (8), "municipality" includes

(a) the City of Vancouver, and

(b) in respect of any electoral area that is not itself a municipality, the regional
district within which the electoral area is located.

(10) Despite subsections (7) and (8), if a landlord gives a notice of the end of the
tenancy agreement under this section respecting a manufactured home pad in
circumstances other than where the tenant is renting a manufactured home and
the manufactured home pad under a single tenancy agreement, the period of
notice must be at least 12 months.

(11) On the end of a tenancy agreement under subsection (10), the landlord must pay
to the tenant the amount of the tenant's actual and reasonable moving expenses,
up to a maximum prescribed amount, without delay, after

39 (1) A court may make an order under subsection (2) if a tenant who has vacated
residential premises after being given a notice of the end of the tenancy
agreement under

(a) section 38 (2) establishes, on application, that the purchaser or, in the case
of a purchaser that is a family corporation, a person owning voting shares
in the family corporation, his or her spouse or a child or parent of his or hers
or of his or her spouse did not occupy the premises as a residence for a
period of at least 6 months beginning within a reasonable time after the
effective date of the notice of the end of the tenancy agreement,

(b) section 38 (3) establishes, on application, that the landlord or, in the case of
a landlord that is a family corporation, a person owning voting shares in the
family corporation, his or her spouse or a child or parent of his or hers or of
his or her spouse did not occupy the premises as a residence for a period of
at least 6 months beginning within a reasonable time after the effective date
of the notice of the end of the tenancy agreement, or

(c) section 38 (4) or (8) establishes, on application, that the landlord did not
actually occupy or use the residential premises for a specified and permitted
purpose or the required period of time.

(2) In the circumstances referred to in subsection (1), a court may order that the
purchaser, in a matter under section 38 (2), or the landlord, in a matter under
section 38 (3), (4) or (8),

(a) pay the tenant's actual and reasonable moving expenses to his or her new
accommodation, and

(b) compensate the tenant for additional expenses incurred or which may be
incurred by the tenant including, for a period up to 12 months, any increased
rent or portion of it that the tenant was obliged or may be obliged to pay.

(3) The court must not make an order under subsection (2) if the purchaser or
landlord, as the case may be, establishes that he or she intended, in good faith, at
the time of giving the notice of the end of the tenancy agreement, to occupy the
premises for the purpose specified in the notice.

(4) If a landlord gives notice for a reason specified in section 38 (4) with a notice
period specified in section 38 (7) or (8), the landlord must pay to the tenant the
greater of

(a) the tenant's actual and reasonable moving expenses to the new accommodation up to a maximum equal to one month's rent, or

(b) if proceedings are brought under subsections (1) and (2), the amount
ordered by the court.

(5) An application under subsections (1) and (2) must be brought no later than 9
months after the effective date of the notice of the end of the tenancy agreement.

40 (1) If a tenant has given reasonable cause to end a tenancy agreement in circumstances other than those described in section 35 or 36, a landlord may give the
tenant a notice of the end of the tenancy agreement to be effective on the last day
of an ensuing rental payment period but the period of notice must be at least 2
months.

(2) Despite subsection (1), if a landlord gives a notice of the end of the tenancy
agreement under subsection (1) respecting a manufactured home pad in circumstances other than where the tenant is renting a manufactured home and the
manufactured home pad under a single tenancy agreement, the period of notice
must be not less than 6 months.

(3) On the end of a tenancy agreement under subsection (2), the landlord must pay to
the tenant the amount of the tenant's actual and reasonable moving expenses, up
to a maximum prescribed amount, without delay, after

(a) be in writing and signed by the landlord or tenant giving the notice,

(b) specify the date the tenancy agreement ends,

(c) identify the residential premises concerned,

(d) if the notice is given by a landlord under section 34, 36, 38 or 40,

(i) specify the reasons for, and particulars of, the end of the tenancy
agreement, and

(ii) advise the tenant of the right to dispute the notice under section 44,
and

(e) if the notice is given by a landlord under section 35, advise the tenant of the
right to dispute the notice under section 44, and specify

(i) the amount of unpaid rent,

(ii) the right of the tenant under section 35 (2) to pay to the landlord all
the rent due within 5 days after receiving the notice,

(iii) the right of the tenant to apply to the court under section 35 (3) for an
extension of time to pay, and

(iv) that

(A) if the tenant does not pay the rent within the 5 day period
referred to in section 35 (2) or obtain a court order extending the
time for payment under section 35 (3), the tenancy agreement is
ended on the date specified in the notice, and

(B) if the tenant pays the rent within the 5 day period, the notice is
void under section 35 (2).

(2) Subject to subsection (3) and section 43, a notice of the end of the tenancy
agreement given by

(a) a landlord is void unless it is in the prescribed form, and

(b) a tenant may be in any form as long as it otherwise complies with this Act.

(3) A court may make an order under subsection (4) if

(a) a landlord or tenant is given a notice of the end of the tenancy agreement
that fails to comply with subsection (1) (b) to (e) or (2), and

(b) a court considers that

(i) the person receiving the notice knew or ought to have known the
information that should have been included in it, and

(ii) it is reasonable in the circumstances.

(4) In the circumstances referred to in subsection (3), the court may, on application,
order the defective notice amended in a manner and subject to conditions the
court may specify, and, on the order being made, the notice is deemed to have
complied with this section at the time it was given.

43 If a landlord or tenant gives a notice of the end of the tenancy agreement that is
otherwise in accordance with this Act except that the notice specifies

(a) an effective date that is earlier than permitted by this Act, the notice is
deemed to be effective on the earliest date permitted under this Act,

(b) an effective date, other than the last or first day of a rental payment period,
that is a date later than the earliest date permitted under this Act, the notice
is deemed to be effective on the last day of the rental payment period in
which the notice was specified to be effective, or

(c) the effective date as the day after the last day of a rental payment period, the
notice is deemed to be effective on the last day of the rental payment period
preceding the effective date specified in the notice.

44 (1) A tenant may apply to a court for an order setting aside a notice of the end of the
tenancy agreement given or purportedly given under this Act.

(2) An application under subsection (1) must be made, if the notice was given

(a) under section 35, within 5 days after the date the notice was given to the
tenant,

(b) under section 34 or 36, within 10 days after the date the notice was given to
the tenant, or

(c) under section 38 or 40, within 15 days after the date the notice was given to
the tenant.

(3) A court may, on application brought before or after the time period referred to in
subsection (2) has expired, extend the time within which a tenant may bring an
application under subsection (1).

(4) If a tenant does not bring an application to dispute a notice under subsection (1),
the tenant is conclusively deemed to have accepted the end of the tenancy
agreement on the effective date of the notice of the end of the tenancy agreement.

45 (1) If an application under section 44 (1) is made to a court and the court considers
that other applications under that section, or other applications that may be made
under that section, raise substantially similar issues in substantially similar
circumstances, the court may make one or more of the following orders in order
to allow the issues to be effectively and efficiently heard and decided by the
court:

(a) an order that time be extended under section 44 (3) for the purpose of
allowing applications by other persons under section 44 (1) to be made;

(b) an order that the hearing of the other applications under section 44 (1) be
deferred until this representative application is heard and decided;

(c) an order that 2 or more applications under section 44 (1) be heard and
decided jointly;

(d) an order that other arrangements the court considers appropriate be made.

(2) A court may make an order under subsection (1)

(a) on application by any person before the date of the hearing of the
application under section 44 (1), or

46 (1) A landlord may apply to a court for an order of possession of residential premises

(a) at the hearing of an application under section 37 or 44 (1),

(b) at any time after

(i) a notice of the end of the tenancy agreement has been given
respecting the residential premises, and

(ii) the earlier of

(A) the applicable time period specified under section 44 (2) has
expired, and

(B) an application has been filed under section 44 (2), or

(c) at any time after a tenancy agreement has been ended under section 32 (1)
(e), (f) or (g).

(2) A court may grant an order of possession under subsection (1), before or after the
date when the tenant is required to vacate the residential premises, to be effective
on the date specified in the order.

47 (1) A tenant may apply to a court for an order of possession of residential premises.

(2) A court may grant an order of possession under subsection (1), before or after the
beginning of the term of a tenancy agreement, to be effective on the date specified
in the order, but the date specified in the order must not be earlier than the date
of the beginning of the term of the tenancy agreement.

49 (1) If a landlord and tenant do not designate an arbitrator under section 48 (1), either
the landlord or the tenant may apply to the registrar to designate an arbitrator.

(2) An application to the registrar must

(a) give full particulars of the matter being submitted to arbitration,

(b) be in the prescribed form, and

(c) be accompanied by the prescribed fee.

(3) The registrar may waive the requirement under subsection (2) (c) if the registrar
considers that the applicant cannot reasonably afford to pay the fee.

(4) The applicant must give a copy of the application under subsection (2) to the
landlord or tenant, as the case may be, within 3 days of making the application.

(5) Subject to subsection (6), on receiving an application under subsection (1), the
registrar or a person authorized by the registrar must

(a) designate an arbitrator from among the arbitrators appointed under section
51 (1), and

(b) specify the time, date and place of the arbitration hearing.

(6) On the recommendation of the registrar, the minister may designate an employee
under the Public Service Act to conduct an arbitration of a specific matter referred
to the registrar under subsection (1).

51 (1) The minister may appoint arbitrators who may be designated by the registrar
under section 49 (5) to conduct arbitrations under section 18 (1).

(2) Arbitrators appointed under subsection (1) may be paid remuneration in the
amount and manner specified by the minister and must be reimbursed for any
actual and reasonable travelling and living expenses incurred in the performance
of their duties.

(3) An arbitrator appointed under subsection (1) is not an employee under the Public
Service Act, Public Service Labour Relations Act or the Labour Relations Code.

52 (1) An arbitrator may make an order under subsection (2) if the arbitrator is
designated to conduct an arbitration of an application referred to in section 18 (1)
and

(a) all parties to the arbitration give consent in writing to the making of an order
under this section, and

(b) other landlords or tenants, who are not parties to the arbitration but whose
disputes raise substantially similar issues in substantially similar circumstances, agree in writing to be bound by the arbitration decision.

(2) In the circumstances referred to in subsection (1), the arbitrator may order that

(a) only one fee prescribed under section 49 (2) (c) be paid in respect of the
arbitration proceeding,

(b) landlords or tenants referred to in subsection (1) (b) are parties to and are
bound by the outcome of the arbitration, and

(c) the hearing of other arbitrations under this Part respecting landlords or
tenants referred to in subsection (1) (b) are deferred until the arbitration is
heard and decided.

(3) An arbitrator may make an order under subsection (2)

(a) on application by any person before the date set for the start of the
arbitration hearing, or

(b) on the motion of any person at the arbitration hearing.

(4) If the matters to be determined in 2 or more arbitrations are related and it is
reasonable that these matters be heard jointly, the registrar may order that the
arbitrations be heard jointly.

(5) If an order is made under subsection (3) or (4), the registrar may order that only
one fee prescribed under section 49 (2) (c) be paid in respect of the arbitrations
heard jointly.

54 (1) Despite any other provision of this Act, an arbitrator may refuse to conduct a
hearing if the arbitrator considers the matter is frivolous, vexatious, trivial or has
not been initiated in good faith.

(2) An arbitrator may exercise the jurisdiction of a court under section 85 (5) if the
arbitrator is satisfied that none of the parties who may be affected by his or her
decision or order have made an agreement under section 18 (7).

(3) An arbitrator may make an order under section 88 (5).

(4) An arbitrator may make any finding of fact or law that is necessary or incidental
to the making of a decision or order under this Act.

(a) may conduct the hearing in the manner he or she considers necessary,
subject to rules of procedure, if any, established by the registrar under
section 50,

(b) must make his or her decision on the merits of the matter and is not bound
by legal precedent,

(c) may receive and accept, on oath, affidavit or otherwise, the evidence or
information he or she considers necessary and appropriate whether or not
the evidence or information would be admissible in a court,

(d) must give the decision in writing and with reasons,

(e) may, before or after the 3 days referred to in section 49 (4) have expired,
make an order extending the time for an applicant to give a copy of the
application to the landlord or tenant, as the case may be,

(f) may, with the consent of the parties to the arbitration, hear a related matter
over which he or she has jurisdiction under this Act, at the same time as the
matter in respect of which he or she was designated an arbitrator, and may,
in that event, order that section 49 or any part of it does not apply to that
related matter,

(g) may, with or without a hearing, on the arbitrator's own initiative or on the
request of a party to the arbitration, correct a typographical, arithmetical or
other similar error in the arbitrator's decision or order, and

(h) may, with or without a hearing, on the arbitrator's own initiative or on the
request of a party, but in either case within 15 days after the decision, order
or written reasons are given,

(i) clarify the decision, order or reasons, or

(ii) deal with an issue that was presented in the application and that was
inadvertently omitted from the decision, order or reasons.

(2) On the request of a party to an arbitration or on the arbitrator's own initiative, the
arbitrator may amend the application in order to correct a mistake, error or
omission.

(3) For the purposes of this section, a hearing may include a submission

(a) made orally, including by telephone, or

(b) made in writing,

but another party to the hearing must be given an opportunity, at that or a later
time and in the manner the arbitrator considers appropriate, to rebut the
submission.

(4) On an application under section 11, an arbitrator may make an interim order.

(5) On an application respecting the occupation of a room or premises in a hotel, an
arbitrator may make an interim order that the individual occupying that room or
premises is a hotel tenant occupying residential premises under a tenancy
agreement and the person applying for the order is not required to give notice of
the application to any person.

(6) A party to a hearing may be represented by an agent or by a barrister and solicitor.

(7) An arbitrator may order a party to an arbitration to bear all or any part of the cost
of the fee under section 49.

(8) If an arbitrator orders a party to an arbitration to pay any monetary amount or to
bear all or any part of the cost of the fee under section 49, the amount or cost may
be deducted from

(a) in the case of a payment in favour of a tenant, any rent due to the landlord, or

(b) in the case of a payment in favour of a landlord, any security deposit due to
the tenant.

(9) A request to an arbitrator under subsection (1) (g) or (h) by a party to an
arbitration may be made without notice to any other party, but the arbitrator may
require that another party be given notice.

(10) An arbitrator must not exercise a power under subsection (1) (g) or (h) unless the
arbitrator considers it just and reasonable to do so in all the circumstances.

56 (1) An arbitrator may, at the request of a party to the hearing or on the arbitrator's
own motion, summon and enforce the attendance of witnesses and compel them
to give evidence on oath and to produce the records and things the arbitrator
considers necessary to a full consideration of matters before the arbitrator, in the
same manner as the Supreme Court.

(2) The failure or refusal of a person on the summons of an arbitrator to attend, to
take an oath, to answer questions or to produce the records and things in his or
her custody or possession makes the person, on application to the Supreme Court,
liable to be committed for contempt as if in breach of an order or judgment of the
Supreme Court.

57 (1) The decision or order of an arbitrator must be given without delay and, in any
event,

(a) within 10 days after the hearing under section 27, and

(b) within 30 days after the hearing for a matter not described by paragraph (a).

(2) Despite subsection (1), an award under section 27 must be made within a total
of 90 days from the giving of notice under section 24 (3) plus the number of days
of extension granted under section 27 (3) (a) or (b).

(3) A decision or order of the arbitrator is binding on the parties.

(4) A decision or order of an arbitrator may be filed in the Supreme Court and, on
being filed, has the same force and effect, and proceedings may be taken on it, as
if it were an order of the court.

(5) A decision or order of

(a) an arbitrator in respect of a monetary amount or the return of personal
property, or

(b) the registrar under section 22

may be filed in the Provincial Court if the amount required to be paid under the
decision or order, or the value of the personal property, is $10 000 or less
excluding interest and costs, and on being filed the decision or order has the same
effect, and proceedings may be taken on it, as if it were an order of the court.

(6) Without limiting subsection (5), if an order is filed in the Provincial Court under
that subsection and it was made in the absence of a party, a judge may, on
application of the absent party, change or cancel the order to the same extent as
if the order had been made by a judge in the absence of a party.

(7) A decision or order of an arbitrator may not be filed in a court until the expiry of
the time limit for application for leave to review under section 61.

(8) A decision or order of an arbitrator may not be filed in court while it is suspended
under section 62 (6).

(9) Despite subsection (4), a decision or order filed in a court under that subsection
may not be appealed from.

59 (1) The Arbitration Review Panel is continued to review decisions and orders of
arbitrators under this Act.

(2) The minister must appoint no fewer than 3 individuals as members of the review
panel for terms not to exceed 3 years and must designate one member as chair.

(3) The minister may set the remuneration, if any, to be paid to the members of the
review panel and must reimburse a member for reasonable expenses necessarily
incurred by the member in the performance of the member's duties.

61 (1) On an application under section 60, a party must make the application in respect
of a decision or order of an arbitrator that relates to

(a) sections 37, 46 and 47, within 2 days after a copy of the decision or order is
received by the party,

(b) section 44, within 5 days after a copy of the decision or order is received by
the party, and

(c) any other section, within 15 days after a copy of the decision or order is
received by the party.

(2) If a review panel member considers it appropriate to do so, he or she may extend
the time for making an application under subsection (1) or for taking any steps in
any procedures of the review panel.

(a) an applicant must submit his or her case to the review panel in writing, and

(b) the review panel member who hears the application may grant or refuse to
grant leave based on the written submission of the applicant alone or on the
written submission and other communication with the applicant.

(2) On an application for leave for a review hearing, the review panel member must
grant leave if satisfied that the application discloses reasons that, if uncontradicted, satisfy the requirements under section 63 to set aside the decision or order
of the arbitrator.

(3) On an application for leave for a review hearing, the review panel member may
refuse to grant leave if satisfied that the application

(a) discloses no requirement under section 63 to set aside the decision or order
of the arbitrator, or

(b) is frivolous, vexatious, trivial or has not been initiated in good faith.

(4) The review panel member must give a written decision within the time
prescribed, if any, and, if granting leave, must set out in the decision

(a) the time and place of the review hearing, or

(b) the means by which the parties may learn the time and place of the review
hearing.

(5) Subject to the regulations, if leave is granted an applicant party must serve a copy
of a decision of the review panel member under this section on the other party or
parties to the arbitration in the prescribed time and manner or as otherwise
ordered by the review panel.

(6) On receiving an application for leave made under this section, the review panel
member may order, if the review member panel considers it appropriate to do so
in the circumstances, that the decision or order to be reviewed be suspended with
or without conditions until the review has been completed and a decision given
to the parties.

63 (1) If leave is granted for a review hearing, the review panel must give all parties to
the review an opportunity to be heard.

(2) The review panel must set aside the decision or order and may refer it back, with
or without directions, to the original arbitrator for reconsideration or to another
arbitrator for a new hearing if the review panel is satisfied that

(a) a party

(i) was unable to attend the original hearing due to circumstances that
could not be anticipated and that were beyond his or her control,

(ii) has new and relevant evidence that was not available at the time of
the original hearing, or

(iii) was not given an adequate opportunity to be heard at the original
hearing,

(b) the arbitrator who held the original hearing

(i) was biased or appeared to be biased, or

(ii) exceeded his or her powers, or

(c) the arbitrator's decision or order was obtained by fraud.

(3) The review panel must confirm the decision or order of the arbitrator if satisfied
that the requirements for setting it aside have not been met.

(4) A party to a review hearing may be represented by a lawyer or agent.

(5) If the review panel considers it appropriate to do so, the review panel may, with
respect to matters under subsection (2) (a) (iii) or (b), permit an arbitrator to
appear before it or make written representations to it.

(6) The arbitrator appearing before the review panel under subsection (5) may be
represented by a lawyer or agent.

(7) If the applicant fails to supply the review panel with a required document or fails
to attend the hearing, the review panel may dismiss the review.

(8) The review panel

(a) has the power of an arbitrator under sections 55 (1) (c) and (g) and (3)
and 56, and

(b) may establish its own rules of procedure, subject to the regulations.

(9) The chair of the review panel must appoint the prescribed number of panel
members to preside over a review hearing, and the appointed members have the
power and duties of the review panel for the purposes of the hearing.

65 This Part applies to the rental of a manufactured home pad in circumstances other than
where the tenant is renting a manufactured home and the manufactured home pad
under a single tenancy agreement.

66 (1) In this section, "park" means a location at which a landlord rents or offers to rent
one or more manufactured home pads.

(2) The landlord and tenants of a park may establish, as prescribed, a local park
committee consisting of representatives of the landlord and the tenants.

(3) The representatives of the tenants and of the landlord on a local park committee
must be chosen, and the local park committee must conduct itself, in accordance
with the regulations.

(4) The local park committee may, subject to the regulations, make rules that govern
the operation of the park and that are not contrary to this or any other enactment.

(5) When rules are made under subsection (4), they are the rules in effect in the park
and any other rules are ineffective.

(6) Rules made by a local park committee may be changed, repealed or replaced by
the local park committee in accordance with the regulations.

(7) If there are no valid rules in force made by a local park committee to govern the
operation of a park and if standard manufactured home park rules have been
published under section 68 (2), the standard manufactured home park rules are
the rules in effect in the park and any other rules are ineffective.

(8) The local park committee may, subject to the regulations, assist a landlord and
tenant of a park to reach a voluntary resolution of a dispute arising from

67 (1) The minister may establish a Manufactured Home Park Dispute Resolution
Committee.

(2) The minister may appoint, for a term not exceeding 3 years,

(a) the chair of the dispute resolution committee, and

(b) vice chairs of the dispute resolution committee.

(3) Neither a tenant of nor an owner of a manufactured home park is eligible to be
appointed under subsection (2).

(4) The minister may

(a) set the remuneration, if any, to be paid to the chair and vice chairs and must
reimburse the chair and vice chairs for reasonable expenses necessarily
incurred by them in the performance of their duties, and

(b) appoint members of the dispute resolution committee, other than the chair
and vice chairs, for terms not exceeding 3 years, provided that 1/2 of them
are owners of and 1/2 of them are tenants of manufactured home parks.

68 (1) On the request of the minister, the dispute resolution committee must provide the
minister with reports, information, guidelines or recommendations respecting
issues arising out of the renting of manufactured home pads, including, but not
limited to, the following:

(a) recommended terms for standard tenancy agreements;

(b) recommended standard manufactured home park rules;

(c) for the purposes of section 17 (2), recommended criteria for withholding
consent to assign or sublet a tenancy agreement;

(d) guidelines for

(i) increases in rent, or

(ii) levels of service respecting manufactured home pads.

(2) The minister may publish any report, information, guideline or recommendation
made or provided under subsection (1).

69 (1) A tenant or landlord of a manufactured home pad may apply for mediation of a
dispute between them by filing an application for mediation with the dispute
resolution committee in the form and manner required by the committee, and by
paying the prescribed fee, if any.

(2) The party applying for mediation must include with the application the names
and addresses of the other parties and must notify the other parties of the
application and the grounds for the application, in the form and manner required
by the dispute resolution committee.

(3) The chair of the dispute resolution committee must appoint a dispute resolution
subcommittee to mediate a dispute between a tenant of a manufactured home pad
and the landlord if the subject matter of the dispute could be referred to an
arbitrator under section 18 (1).

(4) Despite subsection (3), the chair of the dispute resolution committee must refuse
to appoint a dispute resolution subcommittee if satisfied that

(a) a local park committee is currently assisting the parties to reach a voluntary
resolution of the dispute,

(b) the application discloses no grounds for the appointment of a subcommittee,

(c) the matter is frivolous, vexatious, trivial or has not been initiated in good
faith, or

(d) the dispute is properly before or has been decided by an arbitrator or a court.

(5) Despite section 18, an agreement under section 18 (7) does not prevent the chair
of the dispute resolution committee from appointing a dispute resolution subcommittee or otherwise prevent a dispute from being mediated under this Part.

(6) The chair of the dispute resolution committee must give written notice of a
decision appointing or refusing to appoint a dispute resolution subcommittee.

(7) The dispute resolution subcommittee must consist of

(a) one member who is a tenant, one who is a landlord and either the chair or a
vice chair of the dispute resolution committee who must act as chair of the
subcommittee, or

(b) the chair or one vice chair.

(8) Tenants or landlords of manufactured home pads who have disputes that raise
substantially similar issues in substantially similar circumstances may apply to
the chair of the dispute resolution committee, in the form and manner required by
the chair,

(a) for the appointment of a dispute resolution subcommittee to mediate their
disputes at the same time, or

(b) to join a mediation being conducted by a dispute resolution subcommittee
if the dispute being mediated and the dispute of the applicants raise substantially similar issues in substantially similar circumstances.

(9) The chair of the dispute resolution committee may grant the application under
subsection (8) if satisfied that

(a) the disputes raise substantially similar issues in substantially similar
circumstances, and

(b) it is appropriate to do so having regard to all the circumstances.

70 A time period under this Act that would otherwise apply to a landlord or a tenant is
suspended with respect to a matter being mediated under this Part from the time the
dispute resolution committee receives an application for a mediation from the landlord
or tenant accompanied by the prescribed fee and does not begin to run again until
written notice is given under section 69 (6) or 71 (2), (3) (b) or (6).

71 (1) The dispute resolution subcommittee must assist the parties to enter into a written
agreement that resolves the dispute.

(2) If at any time during mediation the subcommittee is satisfied that the parties have
entered into a written agreement resolving the dispute, the dispute resolution
subcommittee must end the mediation by giving written notice to that effect to
the parties.

(3) If within 30 days after the application for mediation is filed under section 69 (1)
the dispute resolution subcommittee is satisfied that the parties have failed to
enter into a written agreement resolving the dispute, the dispute resolution
subcommittee must promptly give the parties a written notice

(a) containing a recommendation for ending the dispute, or

(b) ending the mediation without a recommendation.

(4) The 30 day time limit under subsection (3) may be extended by agreement of the
parties and the dispute resolution subcommittee.

(5) The recommendation of the dispute resolution subcommittee is deemed to be the
agreement of the parties unless, within 2 weeks after being given the recommendation, the dispute resolution subcommittee receives written notice from a party
that the party rejects the recommendation.

(6) The dispute resolution subcommittee must give written notice to the parties as to
whether or not the recommendation is deemed to be the agreement under
subsection (5).

72 (1) A party to an agreement that resolves a dispute under mediation or that is deemed
to be an agreement under section 71 (5) may apply to a court for an order
requiring another party to the agreement to comply with the agreement.

(2) On an application under subsection (1), the court may order a party to comply
with the agreement.

(3) If an application is before an arbitrator under this section and section 18, the
arbitrator may order a party to comply with the agreement.

(4) An order under this section may contain terms respecting costs, expenses,
remuneration and any other necessary matters.

(5) This section does not affect any right of a party to bring a proceeding for breach
of contract.

73 (1) A dispute over the amount of a rent increase may be mediated under section 69
only if the rent increase notice under section 24 is given on or after
October 1, 1992.

(2) In determining the appropriate amount of a rent increase, the dispute resolution
subcommittee must apply the guidelines for rent increases, if any, that have been
published by the minister under section 68 (2).

80 (1) Despite any other Act, the common law or an agreement to the contrary, a
landlord must not distrain for default in the payment of rent.

(2) Despite the common law or an agreement to the contrary, a landlord must not
seize personal property of a tenant in satisfaction of a claim or demand unless the
seizure is made under an order of a court or the authority of an enactment.

(3) Even though a tenant does not take possession of residential premises, rights
under a tenancy agreement are capable of taking effect from the date specified in
the tenancy agreement as the beginning of the term of the tenancy agreement.

(4) If a landlord or tenant who is a party to a tenancy agreement contravenes this Act,
he or she is liable to compensate the other party to the tenancy agreement for loss
suffered by the other party as a result of the contravention.

(5) If a landlord or tenant becomes liable to the other for damages as a result of a
breach of the tenancy agreement or this Act, the landlord or tenant entitled to
claim damages has a duty to mitigate his or her damages.

(6) Without limiting subsection (5), if a tenant ends a tenancy agreement or vacates
or abandons residential premises, other than in accordance with this Act and the
tenancy agreement, the landlord has a duty to again rent the residential premises
at a reasonably economic rent.

(7) If a landlord or tenant gives notice of the end of the tenancy agreement in
accordance with this Act and the tenant continues to occupy the residential
premises after the date on which the notice is effective, the landlord may claim
from the tenant compensation for the period the tenant continues to occupy the
residential premises.

(8) If a landlord is entitled to claim compensation under subsection (7) and a person
brings proceedings against the landlord to enforce a right to possess the
residential premises occupied by the tenant, the landlord may add the tenant as a
third party to the proceedings.

(9) A person having rent in arrears or due on a lease or demise for life or lives may
recover those arrears or that rent as if the rent were due and received on a lease
for years.

(10) The obligations of a landlord under sections 20 to 23 run with the land or
reversion.

(11) Covenants touching and concerning the residential property run with the land or
reversion whether or not the things are in existence at the time of the demise.

81 (1) A landlord must not discriminate against a tenant or prospective tenant based on
a lawful source of income.

(2) Contravention of subsection (1) is discrimination under section 10 of the Human
Rights Code and a person who alleges that he or she has been discriminated
against on this basis may file a complaint under section 21 of the Human Rights
Code.

83 (1) Subject to subsections (2) and (3) or to any other provision of this Act to the
contrary, the common law rules respecting the effect of the breach of a material
term by one party to a contract on the obligation to perform by the other party
apply to a tenancy agreement.

(2) Except as otherwise provided in this Act, a tenant must not refuse to pay rent
merely because of a breach by a landlord of a material term in a tenancy
agreement.

(3) If a landlord breaches a material term in a tenancy agreement, the tenant may
elect to treat the tenancy agreement as ended, but the agreement is not ended until
the tenant advises the landlord that the tenant has so elected.

(4) A term, whether or not it is a material term, and a condition respecting residential
premises or residential property contained in a tenancy agreement, is enforceable
by or against a person in possession of, and a person having an interest in a
reversion of, the residential premises.

(5) Subsection (4) does not affect the rights or liabilities of persons between whom,
at common law, there is privity of contract or privity of estate.

84 (1) Subject to any applicable limitation period and to subsection (2), a landlord or
tenant may commence an action or claim in debt or for damages against the other
party in respect of a right or obligation under this Act or a tenancy agreement.

(2) An action or claim in debt or for damages that was not commenced in the
Provincial Court before August 1, 1989 and that arises out of a right or obligation
under this Act or a tenancy agreement, may not be brought in the Provincial
Court.

85 (1) Subject to section 18 (1), the Supreme Court may make an order respecting a
right or obligation under this Act or a tenancy agreement.

(2) Subject to sections 18 (1) and 84 (2), the Provincial Court may make an order
respecting a right or obligation under this Act or a tenancy agreement but must
not make an order

(a) in respect of a matter exceeding the monetary limit specified under the
Small Claims Act,

(b) granting injunctive relief to a landlord or tenant, or

(c) for possession or occupation of residential premises.

(3) Except as otherwise agreed by the parties, a court proceeding under this Act or in
respect of a tenancy agreement must be brought in the court registry nearest to
where the residential premises are located.

(4) Despite any other enactment, no order of a court in a proceeding involving a
foreclosure, estate, matrimonial dispute or other proceeding that affects the
possession of residential premises is enforceable against a tenant of the
residential premises unless the tenant was made a party to the proceeding.

(5) If 2 or more persons have a common interest in respect of a matter before a court,
the court may permit one or more of those persons to appear and be heard on
behalf of, or for the benefit of, those others who have a common interest.

(6) Despite any rules of court or any other enactment, if a court proceeding is brought
under this Act or in respect of a tenancy agreement, a document respecting that
proceeding may be served in accordance with section 88.

88 (1) Except as otherwise provided in this Act, a notice, process or document required
or permitted to be given must be given to a

(a) landlord by having it served personally on the landlord or the landlord's
agent, or by mailing it to the landlord or the landlord's agent, and

(b) tenant by having it served personally on the tenant, or by sending it by
registered mail to the tenant at the address where the tenant resides.

(2) If a notice, process or document cannot be served on a tenant because the tenant is

(a) absent from the premises in which the tenant resides, or

(b) evading service,

it may be given to the tenant by

(c) giving it to an adult person who apparently resides with the tenant, or

(d) posting it in a conspicuous place on some part of the premises where the
tenant resides.

(3) If a notice, process or document cannot be served on a landlord because the
landlord is

(a) absent from the premises in which the landlord resides or in which the
landlord conducts his or her business, or

(b) evading service,

it may be given to the landlord by

(c) giving it to an adult person who

(i) apparently resides with the landlord, or

(ii) is employed by the landlord, or

(d) posting it in a conspicuous place on some part of the premises where the
landlord resides or conducts his or her business.

(4) A notice, process or document is deemed to have been received, if given by

(a) ordinary mail, on the seventh day after mailing,

(b) registered mail, on the earlier of

(i) the seventh day after mailing, and

(ii) the day its receipt is acknowledged in writing by the landlord or
tenant or by a person accepting it on his or her behalf, or

(c) posting it, on the third day after posting.

(5) Despite subsections (1) to (4), a court, in respect of a matter before it, may order
that

(a) a notice, process or document be given in a manner it considers necessary,
or

(b) a notice, process or document is deemed to have been sufficiently given for
the purposes of this Act on a day it determines.

(6) Even though a notice, process or document is not given in accordance with this
section, it is sufficiently given for the purposes of this section if the person to
whom it is to be given receives it and becomes aware of its nature.

(2) A person who contravenes or fails to comply with a decision or order made by an
arbitrator commits an offence and is liable, on conviction, to a fine of not more
than $5 000.

(3) A person who coerces, threatens, intimidates or harasses a tenant or landlord to
deter the tenant or landlord from making an application under this Act, or in
retaliation for seeking or obtaining a remedy under this Act, commits an offence
and is liable, on conviction, to a fine of not more than $5 000.

(4) A person who gives false or misleading information in an arbitration proceeding
under this Act commits an offence and is liable, on conviction, to a fine of not
more than $5 000.

(5) A tenant or occupant who wilfully causes damage to the residential property
commits an offence and is liable, on conviction, to a fine of not more than $5 000.

(6) If a person commits an offence under this Act, the court, in addition to imposing
a fine, may,

(a) if the offence arises out of a failure to pay money, order the person to pay
the money, and

(b) if the person has contravened this Act, order the person to cease contravening this Act.

(7) Section 5 of the Offence Act does not apply to this Act or the regulations.

90 (1) The Lieutenant Governor in Council may make regulations referred to in
section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make
regulations as follows:

(a) requiring that a landlord or class of landlord post required information in
specified locations;

(b) requiring that a tenancy agreement or class of tenancy agreement be in
writing;

(c) exempting a landlord or tenant or class of landlord or tenant from a
provision of this Act;

(d) prescribing, for breach of a regulation, a penalty not exceeding the penalty
referred to in section 89 (1);

(e) prescribing those matters for which the Act provides that regulations be
made or requirements prescribed;

(f) requiring a prescribed rent increase notice to be given and filed by a
landlord or class of landlord under section 24 (4);

(g) prescribing the circumstances when a landlord may consider that a tenant
has abandoned personal property, the manner in which a landlord may
dispose of personal property abandoned by a tenant, how competing claims
on the property are to be resolved, the circumstances in which the purchaser
of abandoned personal property acquires a marketable title free of all
encumbrances, how proceeds from the disposition of the property are to be
dealt with and imposing a duty of care on the landlord respecting that
property;

(h) prescribing the manner in which any transition problems arising because of
the repeal of the Residential Tenancy Act, R.S.B.C. 1979, c. 365, are to be
resolved;

(i) prescribing an amount for the purposes of the definition of "hotel tenant" in
section 1 which amount may be different for different geographic areas of
British Columbia;

(j) respecting matters related to the review panel or to its functions, including
fees;

(k) respecting matters related to the dispute resolution committee or a subcommittee of the dispute resolution committee or to their functions, including
fees;

(l) respecting matters related to a local park committee or to its functions;

(m) prescribing matters that are referred to in Part 5 as matters that may be
prescribed;

(n) setting out what matters may be, or may not be, the subject of rules that
govern the operation of a manufactured home park;

(o) prescribing matters that are referred to in a provision of this Act, other than
Part 5 as matters that may be prescribed.

(3) Without limiting subsection (1) or (2), the Lieutenant Governor in Council may
make whatever regulations the Lieutenant Governor in Council considers
advisable to provide for the resolution of disputes between a tenant of a manufactured home pad and the landlord, including disputes over the amount of a rent
increase.

(4) A regulation made under subsection (2) (j), (k), (l), (m) or (n) or subsection (3)
may subdelegate a matter to a person, confer a discretion on a person and provide
differently for different persons, places or things.

(5) The Lieutenant Governor in Council may make regulations

(a) prescribing the form of notice for use under section 24 (3),

(b) prescribing the form of statement for use under section 25 (2),

(c) defining "income", "operating expenses", "net income" and "capital expenditure" as used for the purposes of sections 26 and 27 (1) and (2),

(d) prescribing for each of "income", "change in operating expenses", "net
income" and "portion of capital expenditure", the formula for calculation
under sections 26 and 27 (1) and (2), and

(e) prescribing the manner to adjust and combine "income", "change in
operating expenses", "net income" and "portion of capital expenditure" to
calculate the justifiable rent increase under sections 26 and 27 (1) and (2).